Is preemption applicable to movable property sold individually?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
There is no preemption over property sold separately from the land, whether it is movable, such as animals, clothes, ships, stones, crops, and fruits, or immovable but sold separately, such as construction or planting. Al-Shafi'i and the Ashab al-Ra'y hold this position. A narration attributed to Al-Hasan, Al-Thawri, Al-Awza'i, Al-'Anbari, Qatadah, Rabi'ah, and Ishaq states that there is no preemption in movable items.
Supporting text
There is a difference of opinion concerning Malik and 'Ata', where one view aligns with the above, while another suggests preemption applies to everything, even clothing. A narration from Ibn Abi Musa states another view from Abu 'Abdillah that preemption is obligatory for indivisible items like stones, swords, and animals. Furthermore, there is another narration from Ahmad suggesting preemption is obligatory for construction and planting even when sold separately, supporting Malik's view based on the general statement, 'Preemption applies to what has not been divided.'